Md. Code Regs. 07.03.22.06

Current through Register Vol. 52, No. 1, January 10, 2025

Section 07.03.22.06 - Local Agency Response to Application

A. Receipt of Application. The local agency shall:

(1) Record the date the application was received by the local agency;

(2) Record the date of application as described in §B of this regulation; and

(3) Assess the completeness of the application.

B. Date of Application. The date of application is the date:

(1) The local agency receives the application for walk-in applications; or

(2) The application was signed by the applicant or proxy when the local agency receives the application by mail within 10 working days of the date the applicant or proxy signed the application.

C. Incomplete Application.

(1) If the application is incomplete, the local agency shall notify the applicant or proxy to provide the missing information within 15 calendar days from the date of the notification.

(2) If the applicant or proxy does not provide the requested information within 15 calendar days from the date of the notification, the local agency shall deny the application.

D. Decisions on Application.

(1) The local agency shall, within 45 calendar days of receipt of a completed application, approve or deny the application.

(2) Approved Application.

(a) The local agency shall mail notification to the applicant or proxy of the approval within 10 working days after sending benefits to the applicant's electric company.

(b) The written notice of the local agency's decision shall include:

(i) The amount or description of benefits approved on behalf of the applicant's household;

(ii) The duration of the benefits;

(iii) The name of the electric company to which the benefits are paid; and

(iv) An explanation of the applicant's right to appeal any part of the agency's decision and the method for requesting a fair hearing of an appeal.

(3) Denied Application. The local agency shall deny the application for benefits when:

(a) The applicant's household countable income exceeds 175 percent of the federal poverty level;

(b) The applicant or proxy has not provided the information requested by the local agency as prescribed in §B of this regulation;

(c) The applicant dies while the application is being processed;

(d) The applicant establishes residency outside Maryland while the application is being processed;

(e) The applicant does not meet the eligibility criteria as prescribed in Regulation .03 of this chapter;

(f) The applicant abandons the applicant's residence;

(g) The applicant withdraws the application for EUSP assistance;

(h) The information supplied at application was incorrect and the household was originally ineligible; or

(i) The applicant resides in a assisted living facility.

(4) The local agency shall mail notification to the applicant of the decision to deny the application within 10 working days of the decision. The written notice shall include:

(a) The reason for the denial;

(b) The citation of the regulation supporting the decision to deny the application;

(c) An explanation of the applicant's right to appeal the decision and the method for requesting a fair hearing; and

(d) The date by which the local agency must receive the applicant's fair hearing request.

(5) Delaying EUSP Benefits. The local agency may delay the delivery of EUSP benefits when:

(a) The applicant moves to another residence and cannot be serviced by the household's originally designated electric company;

(b) The local agency has reason to believe the applicant or proxy provided incorrect information on the application; or

(c) The applicant or proxy fails to notify the local agency of a new address and the local agency cannot contact the applicant.

(6) The applicant or proxy shall notify the local agency of the applicant's new electric company when the applicant changes residence to an area serviced by another electric company.

E. Unused Benefits. The electric company shall return any unused benefit in the event the benefit cannot be applied to an active electric account, for which the applicant may not be held liable, to the Administration.

F. Termination of EUSP Benefits.

(1) The local agency shall terminate an applicant's EUSP benefits and notify the electric company to return the applicant's unused benefits to the local agency when the applicant:

(a) Moves to a residence outside Maryland;

(b) Moves to an area outside of the applicant's electric company's service area and fails to report the new address to the local agency;

(c) Is no longer an electric customer;

(d) Submits an application for an individual who has died;

(e) Abandons the residence;

(f) Informs the local agency that the benefit is not wanted;

(g) Moves to an assisted living facility;

(h) Is incarcerated; or

(i) Supplies incorrect information at application and the applicant was originally ineligible.

(2) When the local agency determines that termination of the benefit is required, the local agency shall notify the household in writing. The written notice shall include:

(a) The reason for termination;

(b) The citation of the regulation supporting the decision; and

(c) An explanation of the applicant's right to appeal and method for requesting a fair hearing.

Md. Code Regs. 07.03.22.06

Regulations .06 adopted as an emergency provision effective July 1, 2000 (27:15 Md. R. 1391)
Regulations .06 adopted effective December 11, 2000 (27:24 Md. R. 2199)